This is, spectacular, to say the least.
In 1993, William Osburne was convicted of kidnapping, assaulting and raping a woman in Anchorage, Alaska. He spent the next 14 years of his life behind bars. Osburne insists that he is innocent, the State of Alaska has in its possession DNA evidence which will once and for all prove his guilt or innocence, and Osburne has offered to pay for DNA testing out of his own pocket. Allowing Osburne to prove—or disprove–his claim of innocence will cost Alaska literally nothing.
Nevertheless, the Supreme Court held today in a 5-4 decisionby Chief Justice Roberts that Osburne is out of luck. Although Roberts conceded that “[i]t is now often possible to determine whether a biological tissue matches a suspect with near certainty,” he determined that Osburne has no right to pay for a test that could exonerate him for a crime he did not commit. Allowing Osburne to prove his potential innocence, Roberts said, risks “unnecessarily overthrowing the established system of criminal justice.”
What the fuck? The state has possession of the evidence. The perpetrator will pay for the testing. But the conservatives on the SCOTUS have a large enough block to prevent the pursuit of a “near certain” truth.
What is the point of having a system of criminal justice if the system is more important than the justice?
I would hope this sort of crap would have the libertarians howling with outrage.